H1B stamping with DUI

[higway]

Hi

 

This is my situation:

1) Got DUI on Dec 1 2012.

2) Court gave the judgement on Feb13 2013

3) Completed all court related things

4) Now on informal probation

5) Got my H1B on oct 2013

 

Will there be any risk in going to India for H1B stamping in May 2014.

 

Please advice

[t75]

There is always a risk. You will be subject to additional processing requirements. The time to worry about the consequences was BEFORE you got into a car and drove drunk.

[higway]

I know that I should not have done that. I regret that one and I stopped drinking from then.

Please advice me what are my chances to get a 221g

[tejaswip]

Hi Higway,

 

Your chances of getting a 221g are 100%.

You need to got through physical, psychological and blood tests, conducted by a Panel physician.(Will take 4-5 days)

You need to drop off your passport after the tests with a cover letter explaining your case.

You will recieve a mail after 10-12 days to collect your passport. 

 

Just dont drink for a while before going for stamping.

 

P.S: You can undergo these tests only after 1 year from the date of arrest.

[longtimelurker]

Hi Higway,

 

Your chances of getting a 221g are 100%.

You need to got through physical, psychological and blood tests, conducted by a Panel physician.(Will take 4-5 days)

You need to drop off your passport after the tests with a cover letter explaining your case.

You will recieve a mail after 10-12 days to collect your passport. 

 

Just dont drink for a while before going for stamping.

 

P.S: You can undergo these tests only after 1 year from the date of arrest.

 

" P.S: You can undergo these tests only after 1 year from the date of arrest."

This was what I heard before I went for my interview. But I was asked to get tested as soon as I can and it was within the 1 year period.

[rvk2ab]

@lonetimelurker  Can you please brief me your situation. I am in Same boat as you. 

 

Which consulate did you  go?

 

Whats the status now?

 

Thanks

[rvk2ab]

Hi Everyone,

   Just wanted to update my case on DUI H1B stamping.

 

First of all i wanted to thank Murthy forum for some valuable inputs and especially couple of members @longtimelurker who responded to email  personally and sent some valuable Sugestions.

 

Below is my experience.

 

DUI incident September 2013

 

I am a FTE to Fortune 20  company.

 

Did lot of consulting and research for H1 B stamping with DUI . And my stamping date was within 1 year of DUI incident. 

 

Note : There are couple of posts in the forum which says Stamping will not be given if its within 1 year. I consulted couple of attorneys and they said thats not a problem. And i asked the Visa officer directly about this see below for his response.

 

H1 B stamping .

 

1) Bio-Metrics date : 28 April 2014

2) Visa Interview : 29th April 2014
 

Below are the question;s asked to me 

 

1) VO : Asked for my passport and DS160

     Me : Handed it over to him

2) VO : Asked did you have encounter with US Law enforcement Agency on xx date

    Me : Yes

3) VO : Handed over a 221 G for Psychic evaluation and he said i will have to undergo some  

            medical test. He saw me being worried so Visa oficer told me you dont have to wry,

             we do it all the time and you shuld be fine.

4) Me : I said ok and smiled. And i asked my incident is within year is that an issue with my     visa?

 

    VO : No issues as far as i know, if there should be one please let me know and he     smiled.And again he mentioned you dont have to worry .

 

5) VO : whats your salary

    Me : xxx

 

6) VO : handed over the 221 g . He mentioned Documents will be sent to us by the medical centre. Everything looks fine in your case and i am approving it pending Medical Evaluation.

Once we recieve Medical reports we will send one more 221 g which will ask you to submit the Passport for issuance.

 

ME : THANKS.  Do i have to submit any other documents along with my Passport?

 

7) VO : We dont need any other Document , just your passport. But you are free to send any document you might have with you.

 

 Me : smiled and thanked him.

 

i was also given my case tracker.

VO was very pleasent and gave lot of assurance

 

I got my Medical evaluation done same day. 

 

My Medical Reports were sent  on 1st May 2014.

 

I got a 221 G on 8th May to submit my passport for issuance

 

Submitted my passport on same day.

 

Recieved my passport with stamping on 15th May.

 

Note : for a breif moment in my case tracking status showed as "refused" . It might be a system error.

 

@ POE..

 

I had to wait for 1 hour for secondary inspection. THey check if its only  DUI or you any other arrest records. You should be fine if its only DUI

 

 

Please feel free to reach me for any question or help. I have done lot of research for this issue i can definetly be of some help if you are in the same situation.

 

 

Thanks and Good Luck

[skmmsk123]

Hi rvk2ab

 

What is your contact info? I want to contact you regarding few DUI questions

 

Regards

SM

[t75]

Ask your questions of an attorney where you live. DUI is state specific.

[crossfaith]

Hi rvk2ab,

 

I read your experience on the H1b stamping with DUI & would like to know more things about it - i recently happened to got arrest for DUI and im really worried about the things i have to face. So please give me your valuable inputs. At present im a contractor / not a FTE - shall i change from contractor to FTE(if given a chance)? In order to have a potential weight on my profession to get a sure shot stamp on visa ? 

My case is still pending and of course i want to go for stamping after the case is closed but before that i want to know about the things i should face. Here is my email( revanth.8084@gmail.com) please do mail me your valuable inputs. Hope you understand.

[mrav85]

rvk2ab - is there a way to contact you? Please advise. I am going through the same phase. Incident happened on Jan 18. Sentencing is on apr 30th. Right now h1b extension is with USCIS. I am worried whether the extension would be denied because of this owvi. I am going to India for my marriage on September this year and I have to go for stamping that time. I am worried a lot whether visa stamping would also be an issue; as it is within an year. Your inputs will be highly appreciated.